Residential Pools and Spas

Another NSW pool certifier fined $15k

November 20, 2019

Another NSW E1 Pool Certifier has been fined $15,000 for unsatisfactory professional conduct.

The full case of Jeff Wang Vs the Building Professionals Board (BPB) can viewed here.

This is the second NSW E1 Pool Certifier that has been found guilty of unsatisfactory professional conduct and fined $15,000 in the past 60 days.

Background Summary

It was found that Jeff Wang had:
• Failed to require a barrier to be installed that separates the pool from the dwelling as required by s7(1) of the Swimming Pools Act;
• Failed to require that barrier to be designed and installed in the manner set out in s7(2) and Schedule 1 of the Swimming Pools Act; and
• Applied a method which is not permitted by the Act as the restricted access from the dwelling methods is not available to a pool owner needing to meet the current standards;
• Made incorrect representations about the use and endorsement of the software used to undertake pool inspections called Building Certification Systems (BCS).

Penalty Summary

Wang submitted that if a finding of unsatisfactory professional misconduct was made against him, he accepts that a penalty should be imposed but stated that a $20,000 fine is excessive. Wang submitted that a fine in the order of $3000 was more appropriate.

NCAT found that the original fine of $20,000 was excessive and that an amount of $15,000 was more appropriate in the circumstances.

NCAT also stated that it was imperative that Wang undergo further training with respect to his obligations.

Reminder from SPASA

It is critical that all certifiers understand their role when acting in the capacity of a public official and their explicit obligations under the relevant legislative instruments when performing their functions.

NSW Fair Trading have already advised that audits will be undertaken of E1 certifiers, although at the time of writing this article, no time frame has been provided for when such audits will commence.



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